Updated 7/24: Code change allows liquor license for space village president owns
updated 7/24/2009 at 2:11 p.m. CST
Village president said in July 23 email building was under contract, now sold (not rented)
Trustee’s son’s application granted, 2 others pending
by Martha Quetsch
ELBURNâ€”The Elburn Village Board changed an ordinance on Monday to allow a liquor license to be issued for a new tavern in a building, at 107 N. Main St., that was owned by Village President Dave Anderson, even if he has an indirect interest in the business.
â€œGood common sense says everyone in the village has an indirect interest in the business,â€ Anderson said Wednesday.
The previous ordinance would have prohibited a liquor license for a business in which Anderson or any village trustee had direct or indirect interest. The change approved by village trustees Monday removed the reference to indirect interest. Anderson said the language change in the village liquor code mirrors the wording in the state’s liquor code. Anderson said he does not have a direct interest in the tavern business planned for the space he said July 23 he sold to Kevin Schmidt.
Anderson sold the building Thursday, July 23 to Kevin Schmidt, attorney Bob Britz said.
Also on Monday, the Village Board approved two ordinances allowing for the establishment of three new liquor licenses in the village, but not granting them to applicants.
After the board meeting closed, Deputy Liquor Commissioner and trustee Bill Grabarek approved an application for one of the licenses, for Schmidt’s bar, Village Attorney Bob Britz said. The license will allow the bar to sell beer, wine and hard liquor.
Applicants for the other two liquor licenses are Michael Rafferty, for the Riley Boys Tavern planned for the former Emma’s Pub at 117 Main, and Rosati’sâ€”for a new restaurant space near Jewel-Osco at Route 47 and Route 38. Rafferty is seeking a license to sell beer, wine and hard liquor, and Rosati’s is seeking a license to serve beer and wine.
Rosati’s and Rafferty still must sign the letter of understanding with the village before Liquor Commissioner Dave Anderson can grant them the other new liquor licenses, village officials said.
Kevin Schmidt’s father, trustee Jerry Schmidt, voted during the July 20 Elburn Village Board meeting for an ordinance allowing for a liquor code language change, and for an ordinance creating a second available Class A liquor license, one of which was obtained by his son after the meeting. Trustee Jerry Schmidt said Wednesday that he did not believe voting for the ordinances on July 20 was a conflict of interest. Schmidt had recused himself from voting for the creation of one of the two Class A licenses in June. Those licenses are not assigned to any business at the time they are created. The license is granted to the applicant only when the liquor commissioner approves the application and assigns the license.
â€œI didn’t think it was. I want to support my son in this project, but I have no interest in the business,â€ trustee Schmidt said.
He added that during his campaign before being elected in April, he was a proponent of bringing new businesses to the village to boost tax revenue.